ESBD_File_354873_2024-1106 N Sewer Force Main Infrastructure.pdf

Set Number ____

Plans and Specifications for:

Project Number:

Operations Division Engineering Services Texas Tech University

Lubbock, Texas

RESPONSES MUST BE RECEIVED BEFORE:

4:00 PM Central, Click or tap to enter a date.

NOTE: Responses must be submitted in TechBid at the following address:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech

N Sewer Main Force Infrastructure

22-23545 https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech

Project No. 22-23545 Plans and Specifications for North Sewer Force Main Project

Rev. February 16, 2024 Page 2 of 38

PROJECT CONTRACT DOCUMENTS AND SPECIFICATIONS

North Sewer Force Main Project # 22-23545

Project Manager: Texas Tech University – Operations Division Engineering Services David Small Senior Construction Project Manager

Procurement Office: Texas Tech University – Procurement Services Andrew Jaco Project Manager andrew.jaco@ttu.edu

TABLE OF CONTENTS

Section Description Procurement and Contracting Requirements 1 Notice to Proposers for Competitive Sealed Proposals 2 Information to Proposers 3 Proposal Evaluation Process and Procedures 4 Proposal 5 Historically Underutilized Business (HUB) Participation 4 Equal Opportunity Clause 5 Prevailing Wage Determination 6 Worker’s Compensation Insurance General Requirements 7 Special Conditions 8 Reference Standards 9 Project Meetings 10 Construction Facilities and Temporary Controls

Rev. February 16, 2024 Page 3 of 38

SECTION 1:

NOTICE TO PROPOSERS

1.1 Primary Contact ("Primary Contact")

Andrew Jaco Solicitations.purchasing@ttu.edu Texas Tech University TTU Plaza Suite # 408 Box 41094 Lubbock, TX 79409-1094

1.2 Project:

North Sewer Force Main Project Operations Division of Engineering Services 22-23545 TTU, Lubbock, Texas

1.3 Scope of Work:

Texas Tech University (“TTU”) is seeking competitive sealed proposals for the installation of a north sewer force main to meet the future needs of the Texas Tech University (“TTU”) Texas Tech University Health Sciences Center (“TTUHSC”), and United Medical Center (“UMC”) campuses (collectively “Campuses”) as designed by Hugo Reed and Associates (“Design Professional”). The Contractor shall construct and install the new sewer force main from the existing sewer lift station, located at the intersection of 4th Street and Indiana Ave in Lubbock, Texas, moving north to a City of Lubbock diversion box, located near the intersection of Erskine Ave and Texas State Highway Loop 289 in Lubbock, Texas, following design documents as prepared by the Design Professional.

1.4 Schedule of Events:

1.4.1 Proposals must be submitted in TechBid:

https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=TexasTech

Schedule of Events Event Date Time Notes

Distribution of RFP Wednesday, April 3, 2024 1:00 PM Central

Pre-Proposal Conference Monday, April 8, 2024 3:00 PM Central

Physical Plant Building, Room 9.

3122 Main Street, Lubbock, TX 79409

Deadline to confirm attendance for onsite Solicitation

Conference Friday, April 5, 2024 3:00 PM

Central Submit confirmation to solicitations.purchasing@ttu.edu

Deadline for Submission of Written Questions Monday, April 15, 2024 3:00 PM

Central

TTU will collect all questions and respond after the Submission Deadline through an Addendum to the RFP that will be distributed through the TechBid System.

Proposal Due Date Monday, April 24, 2024 3:00 PM Central mailto:Solicitations.purchasing@ttu.edu mailto:solicitations.purchasing@ttu.edu

Rev. February 16, 2024 Page 4 of 38

Online Proposal Opening Monday, April 24, 2024 3:00 PM Central TEAMS LINK

Evaluation of Proposals April 24 – May 2024

Award Recommendation Wednesday, May 8, 2024

1.4.2 Solicitation Conference

The Pre-Proposal Conference will be Proposer(s) sole opportunity to obtain details about the Project from the Project Manager. Other questions will be responded to via formal Addendum. Additional requests for site visits and walk-throughs may be denied.

1.4.3 Online Proposal Opening

A public Proposal Opening will be conducted via an online meeting at the date and time shown in Section Schedule of Events. At this time, the names of the Proposers will be read aloud, and the meeting will be terminated. No pricing or other information will be discussed at this meeting.

For convenience, Proposers may request a list of Proposals received by contacting the TTU Primary Contact after the opening. All submitted Proposals become the property of TTU after the RFP submission deadline and will not be returned.

In the event of change in time, date, access information, or location of the Proposal Opening, notification will be provided by means of an Addendum to the RFP and distributed through the TechBid System.

1.5 Conditions of Submission:

1.5.1 Proposers shall submit their Proposals and all required documentation defined in this Request for

Proposals in one (1) complete package. Failure to include any part of requested and/or required information or documentation may result in the disqualification of the Proposal.

1.5.2 One (1) electronic copy, each containing the required documents listed below, shall be submitted at or before the Closing Time defined in Section 1.3:

A. The Proposal Form and the ADDITIONAL REQUIRED INFORMATION as outlined in the Proposer Response Form.

B. A Proposal/Bid Bond and Power of Attorney or a Certified Check or a Cashiers’ Check payable to TTU in the amount of not less than five percent (5%) of the maximum possible sum of the Base Proposal and all Alternates (Proposer-furnished form).

C. The HUB SUBCONTRACTING PLAN

1.5.3 After receiving and qualifying submitted Proposals, TTU shall evaluate and rank each qualified Proposal in relation to the published selection criteria outlined in Section 3. TTU shall select the Proposal that offers the best value for TTU based on the published selection criteria and ranking evaluation.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDYzYjA0NzctMGM2MC00ZDg0LWI0OTEtZDcwNWNhYzUzY2Ji%40thread.v2/0?context=%7b%22Tid%22%3a%22178a51bf-8b20-49ff-b655-56245d5c173c%22%2c%22Oid%22%3a%22678f0562-66a0-4b00-8ea6-9eb3de58d58b%22%7d

Rev. February 16, 2024 Page 5 of 38

1.5.4 Following successful negotiations with TTU, the Proposer will be expected to sign a Construction Services Agreement with the contract value being the final amount agreed upon in the negotiations with

TTU.

1.5.5 A five percent (5%) Proposal/Bid Bond, Certified Check, or Cashier’s Check must accompany each Proposal that exceeds $25,000. Bid security may be submitted within twenty-four (24) hours of the Closing Time at the address listed in Section 1.3. Proposers must email the Primary Contact before arriving on campus to coordinate required safety procedures. Any bid security not received within twenty-four hours will result in disqualification of the Proposal.

1.5.6 Contracts over $25,000 require Payment Bonds. The Proposer shall provide for a Payment Bond, and the associated cost of the bond shall be identified in the Proposal Document.

1.5.7 Contracts over $100,000 require Performance Bonds. The Proposer shall provide a Performance Bond, and the associated cost of the bond shall be identified in the Proposal Document.

1.5.8 Proposals received after the “Closing Time” for whatever reason will be rejected as a material failure to comply with specifications. Proposers are encouraged to submit Proposals at least twenty-four (24) hours before the Closing Time to account for any technical issues.

1.5.9 Proposals will be publicly opened, and the Proposer’s names and monetary amounts will be read aloud.

No additional information will be divulged.

1.5.10 No Proposer may withdraw its Proposal within sixty (60) calendar days after the Closing Time.

1.5.11 Texas law requires TTU to make a good faith effort to assist Historically Underutilized Businesses (“HUBs”). Proposals exceeding $100,000 require the submission of a HUB SUBCONTRACTING PLAN. Any Proposal received without a properly prepared HUB SUBCONTRACTING PLAN will be rejected as a material failure to comply with the requirements of the RFP.

1.5.12 TTU reserves the right to accept or reject any or all Proposals and to waive any and all formalities.

1.5.13 All inquiries regarding this Request for Proposals must be in writing and directed to the Primary Contact listed in the Project Contract Documents and Specifications. Questions directed to any TTU employee other than the Primary Contact will not receive consideration or response and may result in disqualification of the Proposer.

1.6 Historically Underutilized Business ("HUB") Firms

TTU endeavors to promote full and equal opportunity for businesses to supply TTU with Goods or Services necessary to support TTU's educational mission. In this regard, TTU commits to selecting Proposers in accordance with (i) TTU needs, (ii) TTU resources, (iii) TTU HUB goals, (iv) guidelines established by the Texas legislature and Texas Procurement and Support Services ("TPASS"), and (v) TTU Operating Policies and Procedures for contracting with HUBs, specifically Operating Policy 72.12 Historically Underutilized Businesses. Proposers shall provide TTU full access to documentation relating to the HUB program and any HUB Subcontracting Plan. Failure to comply with any provision of the State or TTU's HUB regulations may result in rejection of any Proposal or immediate cancellation of any Contract.

TTU is relying upon Proposer's expertise to fully identify subcontracting opportunities that best align with the TTU organization and this RFP. Proposers who intend to subcontract are responsible for identifying all areas that will be subcontracted.

Additional information regarding the State of Texas HUB Program can be found at https://comptroller.texas.gov/purchasing/vendor/hub/.

http://www.depts.ttu.edu/opmanual/OP72.12.pdf https://comptroller.texas.gov/purchasing/vendor/hub/

Rev. February 16, 2024 Page 6 of 38

The Mentor-Protégé Program provides HUB utilization evaluation points for Proposers who are not qualified as a HUB. For additional information about the Mentor-Protégé program, please see the link: Mentor-Protege Program or email solicitations.purchasing@ttu.edu.

1.7 HUB Subcontracting Plan (“HSP”)

TTU has determined that there are subcontracting opportunities in the performance of the Scope of Work of this Solicitation, and any resulting Contract is anticipated to exceed $100,000.00 over its term, including all renewals and extensions. The Proposer must include a completed HSP, and any supporting documentation required per the HSP (e.g., proof of Good Faith Effort) with the Proposal submission. Proposers must submit a completed HSP regardless of the Proposer’s HUB Vendor status, the intent to subcontract, or the intent to self-perform.

If a properly submitted HSP contains minor deficiencies (e.g., failure to sign or date the HSP, failure to submit already-existing evidence that three HUBs were contacted), TTU may contact the Proposer for clarification to the HSP if it contains sufficient evidence that the Proposer developed and submitted the HSP in good faith. Failure to submit an HSP in accordance with this section will result in disqualification of the Proposal.

1.7.1 HSP Resources

A. HSP preparation assistance: solicitations.purchasing@ttu.edu

B. Fillable HSP form: http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf

C. State of Texas Centralized Master Bidders List:

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do

1.7.2 TTU’s FY 2024 HUB Goals are:

A. 7.15 % for heavy construction other than building contracts;

B. 16.86% for all building construction, including general contractors and operative builders' contracts;

C. 24.53% for all special trade construction contracts;

D. 13.61% for professional services contracts;

E. 15.10% for all other services contracts; and F. 26.04% for commodities contracts

1.8 Compliance with Applicable Laws, Regulations, Ordinances, TTU System Regents’ Rules, and TTU Operating Policies and Procedures

By submitting a Proposal, the Proposer agrees to and shall comply with all applicable local, State, and federal laws and regulations, as well as all applicable regulations and the Operating Policies and Procedures of TTU. TTU Operating Policies and Procedures may be accessed at http://www.depts.ttu.edu/opmanual/ and TTU System Regents’ Rules may be accessed at http://www.texastech.edu/board-of-regents/regents-rules.php. TTU System regulations may be accessed at https://www.texastech.edu/offices/cfo/regulations.php.

1.9 Right to Modify, Rescind, or Revoke the RFP

TTU reserves the right to modify, revoke, or cancel this RFP in whole or in part at any time before the date on which TTU executes a Contract with the selected Proposer(s).

1.10 Risk of Loss, Damage, or Delay

Proposer acknowledges and agrees to release and hold harmless TTU, its campus components, Board of Regents, https://comptroller.texas.gov/purchasing/vendor/hub/mentor.php mailto:solicitations.purchasing@ttu.edu mailto:solicitations.purchasing@ttu.edu http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf http://www.depts.ttu.edu/procurement/forms/documents/hub/procurement-hub-subcontracting-plan-checklist.pdf https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do http://www.depts.ttu.edu/opmanual/ http://www.texastech.edu/board-of-regents/regents-rules.php https://www.texastech.edu/offices/cfo/regulations.php

Rev. February 16, 2024 Page 7 of 38 officers, employees, agents, and personnel, from and against any and all claims, liability, damages, and costs, including court costs and attorneys' fees, arising out of or pursuant to a failure to successfully submit or deliver the Proposal to Procurement Services at TTU, as detailed in this RFP.

1.11 General Material Quality

1.11.1 TTU/TTUS Design and Building Standards, IT & Telecommunications Standards, and

Architectural Guidelines can be found at: http://www.texastech.edu/fpc/partner-resources.php.

1.11.2 Uniform General Conditions and Supplemental General Conditions https://www.texastech.edu/fpc/ugc_sugcs_2010_revised_4-28-2021.pdf

1.11.3 Texas Tech Architectural Guidelines

https://www.texastech.edu/fpc/MP_FPC_Web.pdf#page=53

1.11.4 Texas Tech University Operating Policies https://www.depts.ttu.edu/opmanual/

1.11.5 Texas Tech System Regulations https://www.texastech.edu/offices/cfo/regulations.php

NOTE: Proposer shall comply with attached list of TTU standard materials, equipment, and processes unless specifically approved in writing by the Project Manager. Refer to specific Project material list when providing Project cost estimates.

http://www.texastech.edu/fpc/partner-resources.php http://www.texastech.edu/fpc/partner-resources.php https://www.texastech.edu/fpc/ugc_sugcs_2010_revised_4-28-2021.pdf https://www.texastech.edu/fpc/MP_FPC_Web.pdf#page=53 https://www.depts.ttu.edu/opmanual/ https://www.texastech.edu/offices/cfo/regulations.php

Rev. February 16, 2024 Page 8 of 38

SECTION 2:

INFORMATION TO PROPOSERS

2.1 Submission of Proposal:

2.1.1 If the Proposer chooses to answer “No Response” (“N/R”) to a question on the Proposal, an explanation of this action is required. Failure to do so may be viewed by TTU as non-responsive and may subject the entire Proposal to disqualification.

2.1.2 Each Proposer may submit only one Proposal. If two (2) or more Proposals are submitted, such multiple Proposals may be subject to disqualification.

2.1.3 The Proposer may modify a Proposal by means of a modification within TechBid before the advertised time set for the receipt of Proposals in the published Proposal request documents. The communication must not reveal the original Base Bid or Alternate amounts but should identify the addition or subtraction or other modification(s) so that the final amounts will not be known until the sealed Proposal is opened.

2.1.4 A Proposer must not receive compensation for or reimbursement of expenses incurred due to preparations of a Competitive Sealed Proposal submission, or the Proposal will be disqualified.

2.2 Use and Disclosure of Information:

2.2.1 Proposers acknowledge that TTU is an agency of the State of Texas and is therefore required to comply with the Texas Public Information Act Texas Government Code Chapter 552. If a Proposal includes proprietary data, trade secrets, or information the Proposer wishes to except from public disclosure, then the Proposer must specifically label such data, secrets, or information as follows: “PRIVILEGED AND CONFIDENTIAL – PROPRIETARY INFORMATION.” To the extent permitted by law, information labeled by the Proposer as proprietary will be used by TTU only for purposes related to or arising out of the

(a) evaluation of Proposals, (b) selection of a Proposer or Proposers pursuant to the RFP process, and (c) Negotiation and execution of a Contract, if any, with the Proposer(s) selected.

2.2.2 If the Proposer marks the entire Proposal or substantive portions of the Proposal as confidential, TTU in its sole discretion may declare the Proposal non-responsive and reject it.

2.2.3 By submitting a Proposal, the Proposer grants a limited license to reproduce the Proposal to conduct an evaluation and to comply with any legal requirement including, but not limited to, the Texas Public Information Act and Texas Legislative Budget Board requirements.

2.2.4 TTU reserves the right to contact references or contact names listed below and shall be free from any liability to Proposer for conducting such inquiry.

2.3 Separation of Charges for Materials and Labor:

With regard to the status of the Proposer under the Texas Tax Code as a reseller to TTU of materials to be incorporated into the work, the Contract price shall include the allocation for materials and labor.

2.4 Qualifications of the Proposer:

TTU may make such investigations as it deems necessary to determine the ability of the Proposers to perform all the work. The Proposers shall furnish to TTU all such information and data for this purpose as TTU may request. TTU reserves the right to reject any Proposal if the evidence submitted by, or the investigation of, the Proposer fails to satisfy TTU that the Proposer is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein.

2.5 Liquidated Damages:

2.5.1 The successful Proposer, upon the Proposer’s failure or refusal to execute and deliver the Contract and bonds required within ten (10) days after the Proposer has received notice of acceptance of this Proposal shall forfeit to TTU as liquidated damages for such failure or refusal, the Proposal Security, as described in Section https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm

Rev. February 16, 2024 Page 9 of 38

1.9 of this section, deposited with the Proposal.

2.5.2 The time in the Agreement for the completion of the work is an essential element of The Agreement. It is mutually agreed that TTU will suffer financial damages in an amount not now possible to ascertain if this work is not completed on schedule, and in view of these facts, it is agreed that TTU will withhold from the successful Proposer as liquidated damages and not as a penalty, the sum as designated in the Proposal for each calendar day that the work remains incomplete beyond the date specified for the completion of the work.

2.6 Addenda and Interpretations:

2.6.1 Every request for such interpretation should be in writing addressed to the Project Contact as identified in the Request for Proposals and, to be given consideration, must be received by the question deadline as detailed in Section 1.4. All communication relating to this RFP must be submitted in writing by the date indicated in the Schedule of Events. Questions and Addenda issued related to the RFP, if any, will be posted on the TechBid website. Only those replies to questions made by formal written Addenda shall be binding.

Oral and other interpretations or clarification will be without legal effect. Note: It is the responsibility of the Proposer to review TechBid for any Addenda posted. For any TechBid system issues, please email solicitations.purchasing@ttu.edu.

2.6.2 Any addenda issued in writing by the Primary Contact during the period of proposing shall be covered by the Proposal. In closing the Contract, such addenda will become a part thereof and modify these Specifications and/or the Drawings accordingly. Verbal changes in the work as shown or described, made during the time of proposing, will not be binding.

2.7 Acceptance of Alternatives:

TTU will have the right to accept Alternates in any order and/or combination, unless otherwise specifically provided in the Proposal Documents, and to determine the Proposal amount based on the sum of the Base Proposal and Alternates accepted.

2.8 Obligation of Proposers:

At the time of the opening of Proposals, each Proposer will be presumed to have inspected the site and to have read and be thoroughly familiar with the Proposal Documents related to this portion of the work. The failure or omission of any Proposer to examine the site, any form, instrument, or document shall in no way relieve the Proposer from any obligation in respect to its Proposal.

2.9 Notice of Special Conditions:

Attention is particularly called to those parts of the Proposal Documents and specifications that deal with General Requirements, Special Conditions, Historically Underutilized Business (HUB) Participation, Insurance Requirements, and Conditions of Employment to be observed and minimum wage rates to be paid under the Contract.

mailto:solicitations.purchasing@ttu.edu

Rev. February 16, 2024 Page 10 of 38

SECTION 3:

PROPOSAL EVALUATION PROCESS AND PROCEDURES

3.1 Competitive Sealed Proposals Evaluation Process:

3.1.1 TTU will use the following procedures as authorized in Subchapter T, § 51.783 of the Texas Education Code to evaluate Competitive Sealed Proposals.

3.1.2 The Primary Contact shall convene a Contract Review Team (“CRT”) to review Proposals for each construction project utilizing the Competitive Sealed Proposal method of procurement. The CRT shall evaluate all submitted Proposals and shall rank the Proposals in priority for negotiations.

3.2 Proposal Evaluation Process:

3.2.1 As soon as possible following the public opening of Proposals, the CRT will meet to conduct a preliminary examination of each Proposal for compliance with the published requirements.

3.2.2 The CRT will conduct thorough discussions and evaluations of all Proposals and may select Proposers for formal interviews by the CRT. Proposers will be notified of the date, time, and location of any interviews.

3.2.3 Within forty-five (45) days after publicly opening the Proposals, the CRT will produce a ranking of Proposers in the order of the best value to TTU.

3.2.4 The CRT will formulate Proposer rankings based on information provided in the Proposals, reference checks conducted, formal and/or informal interviews, if conducted, and from personal knowledge or experience.

Unless modified by addendum before the opening of the Proposals, the CRT will utilize the following criteria to evaluate and rank Proposals.

3.3 Evaluation Criteria:

Evaluation Criteria Points Allowed

Criteria 1 Financial Value: Financial costs and/or benefits to the University

• Cost of goods and/or services

• Warranties

• Installation costs and/or implementation fees

• Other financial consideration

35%

Criteria 2 Demonstrated ability of the Proposer to fulfill the University’s requirements in accordance with the specifications:

• Proposer’s demonstrated professional experience

• Experience with institutions of higher education or similar-sized organizations

• Administrative support and service

• Reporting capabilities

• Project Schedules/estimated time to perform services or installation time

• Quality, availability, and adaptability or Proposer’s supplies, materials, and equipment

• Stability and success of the Proposer’s business including but not limited to:

35% https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm

Rev. February 16, 2024 Page 11 of 38 o Qualifications of key personnel (based on resumes and experience provided) o Past performance on similar projects (based on references and publicly available information) o Length of time the business has been operational o Demonstrated capability and financial resources to perform the services or provide the goods in the time projected o Pending or past legal proceedings

Criteria 3 Value Added Options

• Quality and length of warranties

• Quality of service agreements

• Ability to provide innovative ideas/resources for University process improvement

• Minimization of University resource use

15%

Criteria 4 Quality assurance plan and control measures implemented and maintained by the Contractor.

• Methodology for performing services and project planning

• Customer Service Program

• Ability to comply with Texas laws

• Lifecycle of provided resources/goods/equipment

10%

Criteria 5 The impact on the ability of TTU to comply with laws and rules relating to historically underutilized businesses and to the procurement of goods and services from persons with disabilities.

5%

TOTAL 100%

3.4 Contract Award Process:

3.4.1 TTU may make an award based on the original Proposal without discussion, clarification, or modification. At its sole option, TTU may interview any or all Proposers and discuss cost, schedule, and/or all other elements of the Proposal. Other than the data read at the Proposal opening, TTU will endeavor not to disclose any information derived from the Proposals submitted by competing firms in conducting such discussions.

3.4.2 If TTU determines that it is unable to reach a satisfactory agreement with the highest ranked Proposer, TTU will terminate negotiations with that Proposer. TTU will then proceed with negotiations with each successive Proposer as they appear in the order of ranking until an agreement is reached or until TTU has rejected all Proposals. After termination of discussions with any Proposer, TTU shall not resume discussions with any rejected Proposer(s).

3.4.3 Immediately following TTU's award of a Contract or rejection of all Proposals, the Proposers will be notified via electronic mail.

3.4.4 TTU reserves the right to accept or reject any combination of the base bid and/or alternates considered best value to TTU.

3.4.5 The award or rejection action regarding the Proposal is at the sole discretion of TTU and TTU makes no warranty regarding the Proposal that a Contract will be awarded to any Proposer.

Rev. February 16, 2024 Page 12 of 38

3.4.6 TTU agrees that if the Contract is awarded, it will be awarded to the Proposer offering the best value to TTU, based upon the published selection criteria and upon its ranking evaluation. TTU is not bound to accept the lowest priced Proposal if that Proposal is judged not to be the best value for TTU, as determined by TTU.

Rev. February 16, 2024 Page 13 of 38

SECTION 4:

PREVAILING WAGE DETERMINATION

4.1 Texas Prevailing Wage Law:

The Contractor shall comply with Texas Government Code Chapter 2258 Prevailing Wage Rates, as applicable.

4.2 Delegation of Authority:

The Board of Regents of TTUS has authorized the Chancellor and his designees to enforce the Texas Prevailing Wage Law as it applies to TTU construction contracts, where such contracts are administered by Operations Division or by the Procurement Services Department. Such enforcement includes issuing prevailing wage schedules, conducting wage investigations, and making wage determinations.

4.3 Contract Termination:

As provided in Uniform General Conditions and Supplementary General Conditions adopted by the Texas Tech University System, where a violation is found of any contract provision, the contract is subject upon proper notice to cancellation, and the Proposer may be subject to fines as required by Texas and federal laws. Failure to adhere to contract provisions requiring compliance with Texas Prevailing Wage Law and or State Law is considered a serious and material breach of contract.

4.4 Davis-Bacon Wage Rates:

If other wage rates are required by law, the Contractor shall pay such wages to all workers in accordance with the applicable laws. If the Project is performed in whole or in part using federal funding, then the Davis-Bacon Wages for that County in effect at the time the Services take place will apply. TTU will notify the Contractor at the start of the project that federal funds are utilized, and this provision will be included in the project contract. The Contractor shall use the most current rates effective as of the execution date of the project contract.

4.5 Resources:

4.5.1 http://www.texasbuildingtrades.org/prevailing_wage.aspx

4.5.2 https://www.dol.gov/agencies/whd/government-contracts/construction

4.5.3 https://sam.gov/wage-determination/TX20220280/0 https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2258.htm http://www.texasbuildingtrades.org/prevailing_wage.aspx https://www.dol.gov/agencies/whd/government-contracts/construction https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fsam.gov%2Fwage-determination%2FTX20220280%2F0&data=04%7C01%7CJennifer.Adling%40ttu.edu%7C0d91c1d236da41c74bfe08d9f6d9cc0a%7C178a51bf8b2049ffb65556245d5c173c%7C0%7C0%7C637812237572606770%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=vTJXriFgb4DCcXgOE4pyMZixU1ikGMTHitfqRAzL6Ag%3D&reserved=0

Rev. February 16, 2024 Page 14 of 38

SECTION 5:

WORKERS’ COMPENSATION INSURANCE

Reporting requirements for building or construction projects for governmental entities.

5.1 Definitions: The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined.

5.1.1 Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing Services on a project, for the duration of the project.

5.1.2 Building or construction - Has the meaning defined in Texas Labor Code, 406.096(e)(1).

5.1.3 Contractor - A person turning in a Proposal for or awarded a building or construction project by a governmental entity.

5.1.4 Coverage - Workers' compensation insurance meeting the statutory requirements of Texas Labor Code, 401.011(44).

5.1.5 Coverage agreement - A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84 filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Workers' Compensation Act, pursuant to Texas Labor Code, Chapter 406, Subchapters F and G as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing Services on the project.

5.1.6 Duration of the project - Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity.

5.1.7 Persons providing Services on the project ("subcontractor" in 406.096 of the Act) - Includes all persons or entities performing all or part of the Services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes but is not limited to independent Contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of any such entity, or employees of any entity furnishing persons to perform Services on the project. "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other Services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

5.1.8 Project - Includes the provision of all Services related to a building or construction Contract for a governmental entity.

5.2 Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing Services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage, failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the Contractor or other person providing Services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions.

5.3 A governmental entity that enters a building or construction Contract on a project shall:

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5.3.1 include in the Proposal specifications, all the provisions of section (5.4) of this rule, using the language required by paragraph (5.3.9) of this subsection;

5.3.2 as part of the Contract, using the language required by paragraph (5.3.9) of this subsection, require the Contractor to perform as required in section (5.4) of this rule;

5.3.3 obtain from the Contractor a certificate of coverage for each person providing Services of the project, prior to that person beginning work on the project;

5.3.4 obtain from the Contractor a new certificate of coverage showing extension of coverage:

5.3.5 before the end of the current coverage period, if the Contractor's current certificate of coverage shows that the coverage period ends during the duration of the project, and;

5.3.6 no later than seven (7) days after the expiration of the coverage for each other person providing Services on the project whose current certificate shows that the coverage period ends during the duration of the project;

5.3.7 retain certificate of coverage on file for the duration of the project and three years thereafter;

5.3.8 provide a copy of the certificates of coverage to the commission upon request and any person entitled to them by law.

5.3.9 use the following language for Proposal specifications and Contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation.

A. Copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing Services on a project, for the duration of the project.

Duration of the project - includes the time from the beginning of the work on the project until the Contractor’s/person’s work on the project has been completed and accepted by the governmental entity.

Persons providing Services on the project ("subcontractor" in 406.096 of the Act) - includes all persons or entities performing all or part of the Services the Contractor has undertaken to perform on the project, regardless of whether that person Contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity, which furnishes persons to provide Services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, 401.011(44) for all employees of the Contractor providing Services on the project, for the duration of the project.

C. The Contractor must provide a certificate of coverage to the governmental entity before being awarded the Contract.

D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, before the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.

E. The Contractor shall obtain from each person providing Services on a project, and provide to the https://statutes.capitol.texas.gov/Docs/LA/htm/LA.401.htm

Rev. February 16, 2024 Page 16 of 38 governmental entity:

i. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing Services on the project; and

ii. no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one

(1) year thereafter.

G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing Services on the project.

H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing Services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

I. The Contractor shall Contractually require each person with whom it Contracts to provide Services on a project, to:

i. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, 401.011(44) for all of its employees providing Services on the project, for the duration of the project;

ii. provide to the Contractor, before that person begins work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing Services on the project, for the duration of the project;

iii. provide the Contractor, before the end of the coverage period, a new certificate of coverage showing an extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

iv. obtain from each other person with whom it Contracts, and provide to the Contractor:

a. a certificate of coverage, before the other person begins work on the project; and

b. a new certificate of coverage showing an extension of coverage, before the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

v. retain all required certificates of coverage on file for the duration of the project and one (1) year thereafter;

vi. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing Services on the project; and

vii. Contractually require each person with whom it Contracts, to perform as required by paragraphs (5.3.9.I.i-vii), with the certificates of coverage to be provided to the person for whom they are providing Services.

J. By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor

Rev. February 16, 2024 Page 17 of 38 is representing to the governmental entity that all employees of the Contractor who will provide Services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

K. The Contractor's failure to comply with any of these provisions is a breach of Contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.

5.4 A Contractor shall:

5.4.1 provide coverage for its employees providing Services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements;

5.4.2 provide a certificate of coverage showing workers’ compensation coverage to the governmental entity prior to the beginning work on the project;

5.4.3 provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project;

5.4.4 obtain from each person providing Services on a project, and provide to the governmental entity:

A. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing Services on the project; and

B. no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

5.4.5 retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

5.4.6 notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing Services on the project;

5.4.7 post a notice on each project site informing all persons providing Services on the project that they are required to be covered and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least thirty (30) point bold type, and text in at least nineteen (19) point normal type and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words of changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing Services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other Service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and

5.4.8 contractually require each person with whom it Contracts to provide services on a project, to:

A. provide coverage based on proper reporting of classification codes and payroll amounts and filing of any

Rev. February 16, 2024 Page 18 of 38 coverage agreements for all of its employees providing Services on the project, for the duration of the project;

B. provide a certificate of coverage to the Contractor prior to that person beginning work on the project;

C. include in all Contracts to provide Services on the project the language in subsection (5.5.3.) of this rule;

D. provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

E. obtain from each other person with whom it Contracts, and provide to the Contractor:

i. a certificate of coverage, prior to the other person beginning work on the project; and

ii. prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the

F. retain all required certificates of coverage on file for the duration of the project and one year thereafter;

G. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing Services on the project; and

H. Contractually require each other person with whom it Contracts, to perform as required by paragraphs (5.4.8.A-H.), with the certificate of coverage to be provided to the person for whom they are providing Services.

5.5 A person providing Services on a project, other than a Contractor, shall:

5.5.1 provide coverage for its employees providing Services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements;

5.5.2 provide a certificate of coverage as required by its Contract to provide Services on the project, before beginning work on the project;

5.5.3 have the following language in its Contract to provide services on the project: "By signing this Contract or providing or causing to be provided a certificate of coverage, the person signing this Contract is representing to the governmental entity that all employees of the person signing this Contract who will provide Services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject, the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."

5.5.4 provide the person for whom it is providing Services on the project, before the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project;

5.5.5 obtain from each person providing Services on a project under Contract to it, and provide as required by its Contract:

A. a certificate of coverage, before the other person begins work on the project; and

B. before the end of the coverage period, a new certificate of coverage showing an extension of the

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5.5.6 retain all required certificates of coverage on file for the duration of the project and one (1) year thereafter;

5.5.7 notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing Services on the project and send the notice within ten (10) days after the person knew or should have known of the change; and

5.5.8 Contractually require each other person with whom it Contracts to:

A. provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing Services on the project, for the duration of the project;

B. provide a certificate of coverage to it before that other person begins work on the project;

C. include in all Contracts to provide Services on the project the language in subsection (5.5.3.) of this rule;

D. provide, before the end of the coverage period, a new certificate of coverage showing an extension of the

E. obtain from each other person under Contract to it to provide Services on the project, and provide as required by its Contract;

i. a certificate of coverage before the other person begins work on the project; and

ii. before to the end of the coverage period, a new certificate of coverage showing an extension of the coverage period if the coverage period shown on the current certificate of coverage ends during the duration of the Contract;

F. retain all required certificates of coverage on file for the duration of the project and one (1) year thereafter;

G. notify the governmental entity in writing by certified mail or personal delivery within ten (10) days after the person knew or should have known, of any change that…